Yes.

No.

Yes, a statutory declaration duly signed and notarized in the name of all the applicants.

Yes, as long as the following documents are submitted within a certain period from the filing date:- 
(1) Statutory Declaration – 6 months;
(2) Priority Document – 3 months;
(3) Certified English Translation of the trademark – 6 months.

Yes, within six (6) months from the filing date of the earlier application.

Trademark registration is valid for ten (10) years from the date of filing/priority and can be renewed every ten (10) years. 

Yes, the original owner can rely on his common law rights of first use.

For any amendment to the trademark that is still pending registration, the applicant can submit Form TM26 together with the prescribed fees.

Use is not required before registration but it may be subject to cancellation by any third party if they can prove that there has been non-use for a continuous period of at least three (3) years. 

Yes. If the assignment is filed when the trademark is still pending for registration, it will only be recorded once the trademark is registered and the registrar will issue the trademark registration certificate directly in the name of the Assignee. 

No.

Yes.

The assignor can choose to assign the trademark to the Assignee either with goodwill or without goodwill. 

Yes, within two (2) months of the official gazette date.

Yes, under the common law tort of passing off.

The following non-traditional trademarks can be protected in Malaysia:-
- Shape of goods or the packaging;
- Colour;
- Sound;
- Scent;
- Hologram;
- Positioning;
- Sequence of motion.

A trademark can be refused registration on the absolute ground if the trademark consists exclusively of the name of a country or consists of recognized geographical indications.

Yes, slogan can be registered in Malaysia.

No. In order to avoid any cancellation of trademark registration in respect of some goods or services, it is advisable for the proprietor to use all the goods or services covered by the registration.

The Trademarks Act 2019 does not require an applicant to use its mark before registration. Once the trademark is registered, the proprietor is required to use the registered trademark to avoid the risk of revocation by Court on the basis of non-use in the course of trade. If the trademark has not been put to use for three (3) consecutive years from the date of issuance of the notification of registration, the trademark can be revoked upon application by an aggrieved person.

Non-Registrable Trademarks
In Malaysia and pursuant to the Trademarks Act, a trademark is not registrable if it contains any of the following traits:-

(a)Prohibited mark which will likely deceive or cause confusion to the public;
(b)Contrary to law;
(c)Scandalous or offensive matter;
(d)Prejudicial to the interest or security of the nation;
(e)Identical to or so closely resembles a mark that is well-known in Malaysia for the same goods or services of another proprietor;
(f)If it is well-known and registered in Malaysia for goods or services not the same as those in respect of which the registration is applied: provided that the use of the mark in relation to those goods or services would indicate a connection between those goods or services and the proprietor of the well-known mark is likely to be damaged by such use;
(g)Misleading geographical indication with respect to goods as to their origin;
(h)Misleading geographical indication with respect to wines and/or spirits as to the origin;
(i)the word or words “Patent”, “Patented”, “By Royal Letters Patent”, “Registered”, “Registered Design”, “Registered Trade Mark”, “To counterfeit this is a forgery”, “Registered Service Mark” and “Copyright” or a word or words to the like effect in any language whatsoever;
(j)the words “Bunga Raya” and the representations of or any colorable imitation of the hibiscus flower;
(k)representations of or references to the King or State Ruler;
(l)representations of, colorable imitation of, or references to any of the royal palaces or any building owned by the Federal Government, State Government, or any other government;
(m)the word “ASEAN” and the representation or colorable imitation of its logo;
(n)the words “Red Crescent” or “Geneva Cross” and representations of these and other crosses in red, or of the Swiss Federal Cross in white or silver on a red ground, or such similar representations;
(o)representations of, mottos of, or words referring to the royal/imperial arms, crest, armorial bearings/insignia/devices resembling any of them;
(p)representations of, mottos of, or words referring to the imperial/royal crowns, royal/imperial/national flags;
(q)representations of, mottos of, or words referring to the crests, armorial bearings or insignia of the Malaysian Army, Royal Malaysian Navy, Royal Malaysian Air Force, and of the Royal Malaysia Police, or devices so nearby resembling them;
(r)representations of the name, initials, armorial bearings, insignia, orders of chivalry, decorations, or flags of any international organization, state, city, borough, town, place, society, body corporate, institution, or person appears on a mark;
(s)the name of a single chemical element or compound;
(t)non-distinctive; and
(u)direct reference to the character or quality of the goods or services.

The TM symbol can be used for any unregistered trademark or during the pending registration process in order to indicate that the trademark is intended to serve as an identifier for the source of goods or services from one trader to another.

The ® symbol can be used when the trademark has been registered. In Malaysia, using the ® symbol for a trademark that is not registered is an offense and shall be liable to a fine not exceeding MYR10,000.

The use of TM and ® symbols next to the trademark is not a requirement in Malaysia and generally provides no further legal protection. However, it may be a convenient way of informing others about the trademark, thus warning any possible infringers and counterfeiters.

The © symbol is used for copyright works as a reminder to the public that the work has copyright protection. This symbol is often followed by the author’s name and the year of creation.